People v. Mesa
| Citation | 219 Cal.Rptr. 720,174 Cal.App.3d 58 |
| Court | California Court of Appeals Court of Appeals |
| Decision Date | 06 November 1985 |
| Parties | The PEOPLE, Plaintiff and Respondent, v. Manuel MESA, Defendant and Appellant. F004990. |
Michael L. Pinkerton and Allen R. Crown, Sacramento, under appointments by the Court of Appeal, for defendant and appellant.
John K. Van de Kamp, Atty. Gen., and Willard F. Jones, Deputy Atty. Gen., Sacramento, for plaintiff and respondent.
GEO. A. BROWN, Presiding Justice.
Pursuant to a plea bargain, defendant, Manuel Mesa, pled guilty to felony burglary (Pen.Code, §§ 459/460). The plea was entered before a magistrate as set forth in Penal Code section 859a, subdivision (a). The plea bargain provided appellant would not be sentenced to more than two years in prison, the mitigated term. The magistrate certified the case to the superior court and set the sentencing for November 30, 1983. On November 8, 1984, 1 defendant appeared with counsel before the superior court for sentencing. Before sentence was pronounced, defendant orally moved to withdraw his guilty plea on the ground that he did not commit the crime. The public defender, appearing for the defendant, indicated his office found no legal ground for a change of plea. After questioning appellant regarding his plea, the court stated: "[T]he Court finds no good cause for withdrawal of the plea, and denies the motion, denies a remand to the lower court." The court thereafter sentenced defendant to state prison for two years in accordance with the plea agreement. A timely notice of appeal was filed, and the superior court issued a certificate of probable cause.
Penal Code section 859a, subdivision (a), provides in relevant part:
"If the defendant subsequently files a written motion to withdraw the plea under Section 1018, the motion shall be heard and determined by the court before which the plea was entered."
Appellant contends that the superior court acted in excess of its jurisdiction when it failed to remand the case to the municipal court for a hearing on defendant's motion to withdraw his guilty plea.
The legislative history of this statutory requirement demonstrates that the legislative purpose of the provision is to require the motion to withdraw a plea to be heard by the judge who accepted the plea and is therefore most familiar with the circumstances. However, by the clear and unequivocal wording of the statute, the obligation to refer the motion to withdraw to the judge who accepted the plea is conditioned upon a written motion. ("If the defendant subsequently files a written motion to withdraw the plea....")
Assuming arguendo there may be some circumstances under which a court would be justified in acting on an oral motion to withdraw a plea, nothing in the facts of this case favors such a course. Most importantly, the record demonstrates that defendant was not prejudiced by the superior court's failure to refer the defendant's motion to the municipal court.
Defense counsel made it clear there were no grounds for withdrawal of the plea; she reviewed the original record of the plea and talked with the defendant.
We can safely assume defense counsel had no intention of filing a written motion to withdraw the guilty plea.
By questioning defendant regarding his grounds for withdrawal, the court assured itself that there were in fact no legal grounds for withdrawal of the plea and therefore defense counsel's failure to file a written motion was not improper.
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People v. Colato
...to review the record of the plea and the defendant's understanding of his rights and the consequences of the plea. (See People v. Mesa (1985) 174 Cal.App.3d 58, 59-60 [defendant orally moved to withdraw guilty plea on ground he was not guilty].) If the court determines that no legal grounds......
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People v. Valdez, B087129
... ... 28.) ... A trial court may permit a defendant to withdraw a guilty plea upon a showing of good cause. (§ 1018.) A written motion to withdraw a plea of guilty to a felony, which has been entered before the municipal court, is to be heard by the municipal court. (People v. Mesa (1985) 174 Cal.App.3d 58, 60, 219 Cal.Rptr. 720.) "The legislative history of this statutory requirement demonstrates that the legislative purpose of the provision is to require the motion to withdraw a plea to be heard by the judge who [33 Cal.App.4th 1638] accepted the plea and is therefore most ... ...
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People v. Porter
...ineffective assistance by refusing to file the motion. (Id. at p. 183.) In reaching its decision, Osorio distinguished People v. Mesa (1985) 174 Cal.App.3d 58 (Mesa). Mesa had pleaded guilty to felony burglary before a magistrate, and, at the sentencing hearing in superior court, he orally ......
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In re Brandon H.
...the guilty plea, such a defendant has a right to have his motion heard in municipal court. As explained in People v. Mesa (1985) 174 Cal.App.3d 58, 60, 219 Cal.Rptr. 720, the legislative purpose of the provision is to have the motion heard by the judge who accepted the plea and is familiar ......